Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698942971126.pdf (Uganda)
BILLS SUPPLEMENT No.

l0 24th July, 2020 BILLS SUPPLEMENT to'[he Llganda Cdzette No.

13, lblume CX]ll, dak,d 24th.htl_v, )D0 Prinled by IJPPC.

l-lntcbbc.

by Order ofthe Goverorncnt.


Bill No.21 The Pretention and Prohihilion of Human SacriJtce Bill 2020 THE PREVENTIoN AND PROIIIBITION OF HUMAN SACRIFICE BILI,.2O2O MEMORANDI]M POLICYAND PRINCIPLES The ob.icct of this Bill is to provide for the crimc of hunan sacrifice; to provide for fines and penaltics for the o{Ibnce ol human sacrifice and for rclatcd matters.

DEFECTS IN EXISTING LAW Human sacrilice is a growing concern to law enforcement agencies, parents.
child rights activists and the general public.

Records from the lJganda Police Force show that human sacrifice cases have been steadily increasing for the last several years.

Human sacrifice involves beliefs or faith and dismembering olhuman body parts.

It also targets the most vulnerahle persons of sociely such as children and persons with disabilities.

The gencral consensus of the various societies affected by the practice consider it worse than murder due to the grucsome way it is performed.
The reported cases indicatc that whereas the pelpetrators of human sacrifice arc mostly witch doctors and traditional hcalers, the financiers oflhe practice are oflen wealthy individuals who are never prosecuted.

Bill No.

2l T'he Prevention and Prohibition of Human SacriJice Bill 2020 It is necessary to punish the perpetrators as well as the accessones beforc and after the fact.

This needs special rules that can be provided in a specific law on human sacrifice.
The cunent legal regime does not provide for the offence of human sacrifice.

At present human sacrifice related cases are prosecuted as murder or related ofTences under thc Pcnal Code Act.

It is, therefore, not unusual for a person alleged to have sacrificed a person to bc charged with murder, manslaughter, or some other offence against the person.
A number of cases have been instituted in the courts of law against individuals accused under the Penal Code Act but only a few have been successfully prosecuted.

The use of the Penal Code would be good enough if the majority of the cases wcre being successfully brought beforc the courts.

This is not the case, however.


Several cases on human sacrifice which are tried either as murder or manslaughler cases meet severe legal challenges due to the legal rules that already exist especially the well-established rules of cvidence in respect olthose offences.

For instance, the offence ofhuman sacrifice has slightly diflerent ingredients liom the ordinary homicide because it involves mostly children and issues of trust and vulnerability.
Secondly, whereas attempted murder is well defined and can be proved under the ingredients of murder, attempted human sacri{ice is a very different category because it involves relalives, witchdoctors and children found in skines without explanation.

It is clear that the current law is insufficient to prove attempted human sacrifice.

There is also need for a specilic law on human sacrifice that takes cognizance of the unique nature of the offence and provides speciflc penalties to deal with the practice.
'l'he tsill, therefore, provides for the offence of human sacrifice with specilic ingredients as distinct from murder and related offences.

BiIl No.

2l The Preyention and Prohibition o.f Human Sacrifice Bill REMEDIES PROPOSED TO DEAL WITH DEFECTS IN EXISTING LAW.

'l'he remedies proposed in the Bill are to providc for thc offence of human sacrifice with spccific ingredienls and to provide for deterrent pcnaltics and fines and also provide lor other prevontivc mcasures against the practice.
2020 PROVISIONS OF THE BILL The Bill consists of l3 clauses and a Schedule.

Clause 1 provides lor interpretation ofwords used in the Bill.

Clauses 2 and 3 create of}'ences of human sacrificc including the Iinanoing of another person to commit human sacrifice and attemptcd human sacrificc.

Clause 4 provides for attempts to commit the offence of human sacrifice and financing human sacrifice.

Clause 5 provides for prohibition of certain harmlul practices related to human sacrifice.
Clausc 6 provides for an offence lor the possession of human body parts and instruments of human sacrilice.

Clause 7 - Application of Part IV of Penal Code Act.

The provisions of Part IV of the Penal Code are applicable to all parties to, and persons inciting the commission of, any offence under this Act, and such persons shall be charged accordingly.
Clause 8 provides for admissibility of accomplice evidencc, that is to say, where a person is charged with an offence under this Act, the evidence of an accomplice of the person charged with the offcnce shall be admissible against the person charged without the need for Bill No.
21 The Prevention and Prohibition of Human SacriJice Bill 2020 oorroboration ofthe accomplice as a matter of law or practice and the admissibility ofthe evidence ofthe accomplice shall not be dependenl on whether the accomplice is charged with the same offence as the person charged Clause 9 provides for psychosocial support to victims of human sacrilice or altempted human sacrifice Clause 10 provides that compensation, rehabilitation or restitution may be made by a court in certain cases in addition to the general penalties and fines that are provided in the Act.
Clause 11 provides for the powers of the Minister to make regulations lor carrying into effect thc provisions ofthe Act.

Clause 12 makes provision for the amendment of the Schedule.

The Schedule provides that the Minister may, by statutory instrument, and with the approval ofthe Cabinet, amend the Schedule to this Act SCHEDULE - Currency point.

HON.

BtsNARDATIKU, MP Ayivu Counly.

Bill No.


2l The Prevention and Prohibition of Human SacriJice Bill 2020 THE PREVENTION AND PROHIBITION OF HUMAN SACRIFICE BII,I,.

2O2O ARRANGEMENT OF CI,AI ISES Clause 1.

Interprctation.

2.

-).

4.

Offence of human sacrifice.

Ofl'ence of financing human sacrifice.

Attempt to commit offence of human sacrifice and financing human sacrifice.

5.

Prohibition of certain harmful practices relating to human sacrifice- 6.
Possession of human body parts and instruments of human sacrifice.

7.

Application of Part IV of Penal Code Act 8.

Admissibility of accomplice evidencc 9.

Psychosocial support to sulivors of human sacrifice or attcmpted human sacrilioe 10.

Compensation.

rchabilitation or restitution to be madc by court in certain cascs 1 I .

Duty to report acts of human sacrifice 12.

Regulations I 3.

Amendment of Schedule I Bill No.


2l The Prevention and Prohibition of Human Sacrifice Bill 2020 A Bill for an Act ENTI'I'LED THE PREVENTION AND PROHIBITION OF HUMAN SACRIFICE BILL,2020.

The object of this Bill is to providc forthe crime of human sacrifice; to provide for fines and penalties for the offence of human sacrifice and for related matters.

BE IT ENACTED by Parliament as follows: 1.


In this Act, unless the context otherwise requires- Interpretation "child" means a person below the age of eighteen years; "currency point" has thc value assigned to it in the Schedulc; "human sacrifice" means the killing, mutilation, removal of organs or body parts of a person lor sale or for purposc of witchcraft.

rituals or any harmful human practices; "Minister" means the Ministcr responsible fbr gendel labour and social developmcnt.

2.
2.

Offence of human sacrifice.

(l) A person who mutilates, or causes the death of another person, for the purpose of perlorming or furthering a ritual, commits the offence ofhuman sacrifice.

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21 The Prevenlion and Prohibition of Human Sacrifice Bill 2020 (2) For the purpose of subsection (l), ritual means a religious, traditional or cultural ceremony performed for the purpose ofsatisfying a belief.
(3) A person who contravenes subsection ( I ) commits the offence ofhuman sacrifice and is liable, on conviction, to sulTer death.

3.

Offence of financing human sacrifice.

(l) A person shall not financc another person, whether directly or indirectly, to commit the oflence olhuman sacrifice.

(2) A person who contravenes subsection ( I ) commits an offence and is liable, on conviction, to suffer death.

4.
4.

Attempt to commit offencc of human sacrifice and financing human sacrifice, (1) A person who attempts to commit the offence of human sacrifice or the offcnce of financing human sacrilice specified in sections 2 and 3 is liable.

on conviction, to imprisonment for life.


(2) For the purposes of subsection (1), a person is taken to attempt to commit the offence of human sacrilice or the financing of human sacrifice where the person begins to put his or her intention into execution, and manifests his or her intention by some overt act, but does not fulfil his or her intention to such an extent as to commit the offence ofhuman sacrifice or financine ofhuman sacrifice.

5.
5.

Prohihition of certain harmful practices relating to human sacrifice.
A person who- (a) spreads belicf in human sacrifice for financial reward or gain; (b) profcsses to practice human sacrilice; 4 Bill No.2l The Prevention and Prohihition of Iluman Sacrifice Bill 2020 (c) (d) (e) encourages or advices any person to use human body parts in any ritual; encourages or advices any person to use human body parls in any treatment or other form ofhealing; encourages or advices a person to sacrifice a human being, or (0 encourages or advices another person to do any act which is prohibited under this Act, commits an offence and is liable, on conviction, to imprisonment for li le.
6.

Possession of human body parts and instruments of human sacrifce.

A person who- (a) unlawfully has in his or her possession human body parts; (b) unlawfully uses human body parts in medicine or concoction, whether for sale, personal use or any other purpose; or (c) makes or uses or assists in the making or using, or has in his or her possession an instrument used for or associated with human sacrifice, commits an offence and is liable, on conviction, to imprisonment for lifc.
7, Application ofPart IV ofPenal CodeAct.

Without prej udice 1o any provision ofthis Act" the provisions ofPart IV ofthe Penal Code are applicablc to alI parties to, and persons inciting the commission of, any oflence under this Act, and such persons shall be charged accordingly.

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21 The Prevention and Prohibilion of Human Sacrifice Bill 2020 8.

Admissibility of accomplice evidence.


Where a person is chargcd with an offence under this Act, the evidence of any accomplice of the person charged with the offence shall be admissible against the person chargcd without thc nced for corroboration of the evidence of the accomplice as a matter of law or practicc and thc admissibility ofthc evidence ofthe accomplice shall not be dependent on whether the accomplice is charged with the same offencc as thc pcrson chargcd.

9.
9.

Psychosocial support to surwivors of human sacrifice or attempted human sacrifice.

(1) A person who survives human sacrifioe or attempted human sacrifice shall be accorded psychosocial support.

(2) Where a child survives human sacrilioe or attempted human sacrifice, and the parcnt or guardian ofthat child cannot bc located, the child shall be handed over to the relevant probation and social weliare officer.
(3) For the purposes of subsection (1), psychosocial support services shall include medical services.

counselling services, social support services.

spiritual supporl services and any other such services.

10.

Compensation, rehabilitation or restitution to be madc by court in certain cases.
(1) The court may, in addition to any other penalty under this Act, ordcr for reparations, which may includc (a) restitution ofthe survivor ofthe offence, his or her family or dependents to the greatest extent possible and such rcstitution may includc (i) the return ofany property confiscated; (iD payment for harm or loss suffered; 6 Bill No.
21 The Prevention and Prohibition of Human Sacrifice Bill 2020 (iii) (iv) payment for the provision of services and restoralion of rights; or reimbursement of expenses incurred as a result of victimization; (b) compensation lor any economically assessable damage resulting from the offence such as (i) physical or mental harm, including pain, suffering and emotional distress; (ii) lostopportunities,includingemployment,education and social bene6 ts; (iii) material damage and loss of eamings; (c) rehabilitatjon including- (D medical and psychological care; (ii) lcgal and psyco-social services to the all'ected persons in case of trauma; (iii) restitution, compensalion, rehabilitation or any payment ordered by the court undcr subsection (1) may be satislied by the property ol'the person convicted o1 the oUbnce.
11.

Duty to report acts ofhuman sacrifice A person who reasonably suspects that an act of human sacrifice or attempted sacrifice has been committed or is about to be committed shall report the matter to the police or local council.

72.

Regulations.

(1) The Minister may, by statutory instrumenl, make regulations generally for giving ellbct to the provisions of this Act.

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7 Bill No.

2l The Prevention and Prohibition of Human Sacrifice Bill 2020 (2) Without limiting the general effect of subsection (1), the Minister may make regulations relaling 1o (a) (b) the manner of investigating offences under this Act; the time periods within which cases under this Act can be handled by the Police; (c) the provision of psychosocial support.
(3) Notwithstanding the Interprctation Act, the Minister may, while exercising his or her powers under subsection (l), by statutory instrument, prescribe such fines and imprisonment as may be appropriate in the circumstances which may be in excess of the penalties prescribed by section 38 of the Interpretation Act t3.

Amendmcnt of Schedule.

The Ministcr may, by statutory instrument, and with thc approval of the Cabinet, amend the Schedule to this Aot.

8 Bill No.
8 Bill No.

21 The Prevention and Prohibition of Human Sacrifice Bill 2020 SCHEDULE Currency point.

Section l A currency point is equivalent to twenty thousand shillings.

9